4 Tháng Giêng TS Nguyễn Danh Tốn, kamilicknistla.ga Đỗ Thế Tùng – Đồng chủ biên, Một số chuyên đề về Những nguyên lý cơ bản của chủ nghĩa Mác – Lênin (Tập II).
Table of contents
- ACCOUTING 666 Accouting
- Dân giàu, nước mạnh, dân chủ, công bằng, văn minh là mục tiêu, đích đến của Việt Nam
- Bài 7 NGHỆ THUẬT QUÂN SỰ VIỆT NAM - Giáo dục quốc phòng 1
Unsurprisingly, there is little evidence of original Vietnamese legal thought, much less adaptation and localisation of neo-Confucian political-legal canon. Mirroring the increasing adoption of Chinese statutory provisions, Vietnamese rulers increasingly looked north for administrative structures. The Ly dynasty portrayed their rulers as Chinese-style emperors. The Tran dynasty introduced a bureaucratic examination system that emphasised deep knowledge of Chinese language, literature and governmental practices.
They replaced indigenous counsellors Te Tuong with the Chinese Six Board governance structures and added a meritorious Chinese-style civil service examination thu si recruitment, to aristocrat recruitment nhiem tu. High-ranking bureaucrats initially questioned doctrinaire neo-Confucianism.
Writings, public discussions and petitions reviling the prestige and moral authority of senior mandarins were criminalised. The Nguyen dynasty took sinisation a step further by mimicking Ching dynasty governance in every conceivable manner. The ensuing literal application of Ching law led the Vietnamese to endow some Chinese institutions with powers and functions only countenanced on paper.
What little is known about pre-colonial political-legal culture suggests few substantive departures from Chinese practices. Mandarins hearing cases were encouraged to base decisions on written law. Codes were supplemented with edits issued by emperors on specific issues. The problem for bureaucrats was finding the penalty most suited to a case through either precedent or analogy. As with the Chinese, Vietnamese mandarins in the Bo Hinh Justice Board collected case commentaries to assist court decision-making.
Case-law was not binding and there was little attempt to categorise a system of doctrine and principles. It did not matter that offensive behaviour was not otherwise proscribed by statute. Real legal power resided in the discretionary power of the Confucian literati to set the moral tone. Control over public discourse and moral indoctrination was consequently a more potent legal weapon than judicial practices or jurisprudence. Again like China, no clear division between legality and morality was possible or desirable. The Vietnamese term thao dang describes the situational validity of law and morality.
Decision-making processes were expected to personalise rational rules. Many Vietnamese homilies describe the importance of personalism. Outcome orientated decision-making attempted to generate harmony by blending competing moral and social precepts. Legal inconsistencies were defined out of existence. Traditional law straddled two social interfaces in pre-colonial Vietnam, namely imperial state-village and village-family. The familiar injunction phap vua thua le lang the laws of the emperor give way to the customs of the village implies some degree of village resistance to imperial political-legal ideology and culture.
Though local religious and cultural precepts undoubtedly moderated the penetration of imported laws and institutions into villages, elite ideology profoundly influenced local practices. The most substantial criminal penalties five-relationships ngu luan reached into village and family life. Ultimately, village autonomy was more a function of imperial forbearance than formal legal doctrine. Due process remained an imperial prerogative.
ACCOUTING 666 Accouting
Emperors could and did intervene where and when ever they desired. But more typically, the imperial legal system remained superficial—far above the contingencies of daily life. Village and family heads were enmeshed in the state system  only in so far as they were held accountable for up holding Confucian hierarchies. This trajectory of legal borrowing appears to contradict the working postulates, which predict that as indigenous political-legal ideologies and cultural practices develop, resistance to imported laws and processes build. The following sections seek to explain the history of legal borrowing using the working postulates as a conceptual framework.
In addition to the technical superiority of, and prestige commanded by Chinese law, Nguyen emperors were attracted to Chinese governance models as a means of counteracting increasing Western influence. As Dao Duy Anh observed in , Chinese influence only diminished when it became apparent that the Confucian model offered few effective responses to Western imperialism. Nguyen rulers minimised incompatibilites between imported and indigenous ideology by suppressing political-legal debate challenging orthodox neo-Confucianism.
Dân giàu, nước mạnh, dân chủ, công bằng, văn minh là mục tiêu, đích đến của Việt Nam
A strong correlation between ideological consent and institutional functionality is inferred by the fact that in neo-Confucian Hue, imported legal institutions worked far better then in remote provinces where the sinoised veneer was thinnest. Imported organisational structures used to recruit officials for their knowledge of neo-Confucian canon eventually produced an elite aligned with the political culture of the imported legal system, minimising incongruities between imported ideology and domestic legal culture.
Their sinoatic cultural outlook not only influenced the imperial court, but also facilitated highly sophisticated legal and institutional borrowing from China. Recalling Chinese political-legal culture, law in traditional Vietnam never decoupled from morality. As a consequence, moral consciousness, rather than legal rules, formed the central organising principle.
Vietnamese rulers worked hard to ensure that legal-cultural borrowings did not exacerbate long-standing elite-village ideological and cultural differences. Mesmerised by neo-Confucian orthodoxy, Nguyen dynasty emperors were less sympathetic than earlier rulers to autochthonous village practices and sinoised some long-standing indigenous social practices with neo-Confucian precepts. After intense indoctrination over the centuries neo-Confucian hierarchical beliefs came to order many facets of village life.
What was once considered an alien political-legal ideology had through acculturation sensitised village life to neo-Confucian ranks, honorific titles and social positions. Moreover, the political economy of Vietnamese villages largely corresponded with the wet-rice agricultural economy in China. The fact that village organisations were never as sinoised as the urban elite did not seriously impede transplanted law, because Imperial-Confucianism in China and Vietnam allowed for considerable village autonomy.
The breakdown in neo-Confucian virtue-rule during the late nineteenth century coincided with French colonial administration and is only partially ascribable to a cultural clash between neo-Confucian and village thinking.
In sum, Chinese legal transplants were effective, because the Vietnamese elite, especially those controlling state apparatus, understood and internalised neo-Confucian ideology. More than their predecessors, Nguyen rulers realised that effective neo-Confucian virtue-rule required the wholesale adoption of Chinese ideology, governmental organisations and political-legal culture, and eclectic borrowing risked organisational disunity. By borrowing a complete system, inconsistencies between foreign and indigenous cultural precepts were minimised.
For example, Vietnamese officials deeply infused with Chinese literary values interpreted imported rules with congruent neo-Confucian epistemologies. Finally, investing neo-Confucian values with the nationalist purpose of protecting Vietnamese sovereignty, rulers reduced local opposition to Chinese borrowings. Further reducing conflict, the wet-rice political-economy of Vietnamese villages corresponded to Chinese economic structures.
Searching for reasons why transplanted Western commercial law behaves unpredictably to Western observers in contemporary Vietnam, some Vietnamese and foreigners observe similarities in style between pre-colonial neo-Confucianism and contemporary political-legal culture. To glibly assume that traditions continue, overlooks the more difficult question: Like colonial legal transplantation elsewhere in East Asia, imported French colonial law superimposed a thin veneer of Western political-legal ideology and culture.
Particularly after the establishment of the Faculty of Law at Hanoi University, Vietnamese bureaucrats, judges and lawyers studied French legal norms and institutions. Though lingering for some years after independence, it is remarkable how few traces of French legalism remain today. Not only were despised colonial institutions and legal norms suppressed by revolutionaries, but many Francophile Vietnamese fled to the South in and overseas following reunification of North and South Vietnam in Following the French defeat, the Democratic Republic of Vietnam DRV began adopting the institutional trappings of a modern socialist state.
Bài 7 NGHỆ THUẬT QUÂN SỰ VIỆT NAM - Giáo dục quốc phòng 1
The Soviet Union was both the institutional model and source of most substantive and procedural law. As with the Nguyen rulers one hundred and fifty years earlier, communist party leaders borrowed an entire legal system including ideology, laws, institutions and bureaucratic procedures. Legal borrowings took two main forms—revolutionary morality and socialist legality. There was no real attempt to apply consistently, far less develop, a coherent body of rules circumscribing public and private interests. Political morality provided a potent means of controlling a society unused to legislative norms.
Equally, neo-Confucian morals conflicted with Marxist-Leninist state ownership and class-struggle ideology. Transcending ideological differences, the party-state selectively plundered neo-Confucian political-legal culture to replicate alien socialist values. For example, the quintessential neo-Confucian principle of chinh nhgia exclusive righteousness was appropriated to support assertions of Marxist-Leninist infallibility.
Leadership through revolutionary morality became a pivotal tool of party rule. By portraying the party-state as an infallible moral exemplar, contemporary writings echo neo-Confucian political theory. Neo-Confucian political-legal culture is also discernible in the fusion of individual and family legal personalties. The political and moral background of those applying for party and government positions is evaluated by scrutinising the political history of extended families for three generations.
Even the Civil Code articles vests households, rather than individuals with collective ownership over residential houses. Invoking neo-Confucian political-legal culture, Ho Chi Minh urged Vietnamese bureaucratic and judicial institutions to generate ethical norms that validated official action. Even state controls over legal transplantation discourse mimic earlier imperial patterns.
For example, contemporary writers refer to the legal and constitutional basis of imported legal principles without ever saying how or why they were adopted. In each case, legal borrowing is too politically sensitive for direct analysis. Public commentators are forced to encode their work in metaphorical language. Attempts were made to regularise revolutionary virtue-rule with the imported Soviet doctrine of phap che xa hoi chu nghia socialist legality.
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